Assembly Bill No. 179–Assemblymen Giunchigliani, Williams, Parks, Gibbons, Ohrenschall, Anderson, Arberry, Atkinson, Buckley, Chowning, Collins, Conklin, Goldwater, Horne, Koivisto, Leslie, Manendo, McClain, McCleary, Oceguera, Perkins and Pierce
February 21, 2003
____________
Joint Sponsor: Senator Carlton
____________
Referred to Concurrent
Committees on Education
and Ways and Means
SUMMARY—Revises provisions governing education. (BDR 34‑22)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; authorizing a pupil to retake those portions of the high school proficiency examination which he failed in order to receive a standard high school diploma; revising provisions governing the administration of achievement and proficiency examinations to pupils with disabilities and pupils whose primary language is not English; revising provisions governing the reporting of achievement and proficiency examinations; revising the minimum qualifications for receipt of a millennium scholarship; providing that pupils who are seniors in high school during the 2002-2003 school year and who failed the mathematics portion of the high school proficiency examination must receive a standard high school diploma if the requirements for graduation from high school are otherwise satisfied; providing that the mathematics portion of the high school proficiency examination must not be required as a condition to the receipt of a standard
high school diploma for the 2003-2005 biennium; requiring the Department of Education to conduct a study of the mathematics portion of the high school proficiency examination and to submit the results of its study to the Legislature; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 385.347 is hereby amended to read as follows:
1-2 385.347 1. The board of trustees of each school district in
1-3 this state, in cooperation with associations recognized by the State
1-4 Board as representing licensed personnel in education in the district,
1-5 shall adopt a program providing for the accountability of the school
1-6 district to the residents of the district and to the State Board for the
1-7 quality of the schools and the educational achievement of the pupils
1-8 in the district, including, without limitation, pupils enrolled in
1-9 charter schools in the school district. The board of trustees of a
1-10 school district shall report the information required by subsection 2
1-11 for each charter school within the school district, regardless of the
1-12 sponsor of the charter school.
1-13 2. The board of trustees of each school district shall, on or
1-14 before March 31 of each year, report to the residents of the district
1-15 concerning:
1-16 (a) The educational goals and objectives of the school district.
1-17 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school
1-18 in the district and the district as a whole, including, without
1-19 limitation, each charter school in the district.
1-20 Unless otherwise directed by the Department, the board of trustees
1-21 of the district shall base its report on the results of the examinations
1-22 administered pursuant to NRS 389.015 and shall compare the results
1-23 of those examinations for the current school year with those of
1-24 previous school years. The report must include, for each school in
1-25 the district, including, without limitation, each charter school in the
1-26 district, and each grade in which the examinations were
1-27 administered:
1-28 (1) The number of pupils who took the examinations;
1-29 (2) An explanation of instances in which a school was
1-30 exempt from administering or a pupil was exempt from taking an
1-31 examination; and
1-32 (3) A record of attendance for the period in which the
1-33 examinations were administered, including an explanation of any
2-1 difference in the number of pupils who took the examinations and
2-2 the number of pupils who are enrolled in the school.
2-3 In addition, the board shall also report the results of other
2-4 examinations of pupil achievement administered to pupils in the
2-5 school district in grades other than 4, 8, 10 and 11. The results of
2-6 these examinations for the current school year must be compared
2-7 with those of previous school years.
2-8 (c) The ratio of pupils to teachers in kindergarten and at each
2-9 grade level for each elementary school in the district and the district
2-10 as a whole, including, without limitation, each charter school in the
2-11 district, the average class size for each required course of study for
2-12 each secondary school in the district and the district as a whole,
2-13 including, without limitation, each charter school in the district, and
2-14 other data concerning licensed and unlicensed employees of the
2-15 school district.
2-16 (d) The percentage of classes taught by teachers who have been
2-17 assigned to teach English, mathematics, science or social studies but
2-18 do not possess a license with an endorsement to teach in that subject
2-19 area, for each school in the district and the district as a whole,
2-20 including, without limitation, each charter school in the district.
2-21 (e) The total expenditure per pupil for each school in the district
2-22 and the district as a whole, including, without limitation, each
2-23 charter school in the district.
2-24 (f) The curriculum used by the school district, including:
2-25 (1) Any special programs for pupils at an individual school;
2-26 and
2-27 (2) The curriculum used by each charter school in the
2-28 district.
2-29 (g) Records of the attendance and truancy of pupils in all grades,
2-30 including, without limitation, the average daily attendance of pupils,
2-31 for each school in the district and the district as a whole, including,
2-32 without limitation, each charter school in the district.
2-33 (h) The annual rate of pupils who drop out of school in grades 9
2-34 to 12, inclusive, for each such grade, for each school in the district
2-35 and for the district as a whole, excluding pupils who:
2-36 (1) Provide proof to the school district of successful
2-37 completion of the examinations of general educational development.
2-38 (2) Are enrolled in courses that are approved by the
2-39 Department as meeting the requirements for an adult standard
2-40 diploma.
2-41 (3) Withdraw from school to attend another school.
2-42 (i) Records of attendance of teachers who provide instruction,
2-43 for each school in the district and the district as a whole, including,
2-44 without limitation, each charter school in the district.
3-1 (j) Efforts made by the school district and by each school in the
3-2 district, including, without limitation, each charter school in the
3-3 district, to increase:
3-4 (1) Communication with the parents of pupils in the district;
3-5 and
3-6 (2) The participation of parents in the educational process
3-7 and activities relating to the school district and each school,
3-8 including, without limitation, the existence of parent organizations
3-9 and school advisory committees.
3-10 (k) Records of incidents involving weapons or violence for each
3-11 school in the district, including, without limitation, each charter
3-12 school in the district.
3-13 (l) Records of incidents involving the use or possession of
3-14 alcoholic beverages or controlled substances for each school in the
3-15 district, including, without limitation, each charter school in the
3-16 district.
3-17 (m) Records of the suspension and expulsion of pupils required
3-18 or authorized pursuant to NRS 392.466 and 392.467.
3-19 (n) The number of pupils who are deemed habitual disciplinary
3-20 problems pursuant to NRS 392.4655, for each school in the district
3-21 and the district as a whole, including, without limitation, each
3-22 charter school in the district.
3-23 (o) The number of pupils in each grade who are retained in the
3-24 same grade pursuant to NRS 392.125, for each school in the district
3-25 and the district as a whole, including, without limitation, each
3-26 charter school in the district.
3-27 (p) The transiency rate of pupils for each school in the district
3-28 and the district as a whole, including, without limitation, each
3-29 charter school in the district. For the purposes of this paragraph, a
3-30 pupil is not transient if he is transferred to a different school within
3-31 the school district as a result of a change in the zone of attendance
3-32 by the board of trustees of the school district pursuant to
3-33 NRS 388.040.
3-34 (q) Each source of funding for the school district.
3-35 (r) The amount and sources of money received for remedial
3-36 education for each school in the district and the district as a whole,
3-37 including, without limitation, each charter school in the district.
3-38 (s) For each high school in the district, including, without
3-39 limitation, each charter school in the district, the percentage of
3-40 pupils who graduated from that high school or charter school in the
3-41 immediately preceding year and enrolled in remedial courses in
3-42 reading, writing or mathematics at a university or community
3-43 college within the University and Community College System of
3-44 Nevada.
4-1 (t) The technological facilities and equipment available at each
4-2 school, including, without limitation, each charter school, and the
4-3 district’s plan to incorporate educational technology at each school.
4-4 (u) For each school in the district and the district as a whole,
4-5 including, without limitation, each charter school in the district, the
4-6 number and percentage of pupils who [graduate with:]
4-7 received:
4-8 (1) A standard high school diploma.
4-9 (2) An adjusted diploma.
4-10 (3) A certificate of attendance.
4-11 (v) For each school in the district and the district as a whole,
4-12 including, without limitation, each charter school in the district, the
4-13 number and percentage of pupils who did not receive a high school
4-14 diploma because the pupils failed to pass the high school
4-15 proficiency examination.
4-16 (w) The number of habitual truants who are reported to a school
4-17 police officer or law enforcement agency pursuant to paragraph (a)
4-18 of subsection 2 of NRS 392.144 and the number of habitual truants
4-19 who are referred to an advisory board to review school attendance
4-20 pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each
4-21 school in the district and for the district as a whole.
4-22 (x) The amount and sources of money received for the training
4-23 and professional development of teachers and other educational
4-24 personnel for each school in the district and for the district as a
4-25 whole, including, without limitation, each charter school in the
4-26 district.
4-27 (y) Such other information as is directed by the Superintendent
4-28 of Public Instruction.
4-29 3. The records of attendance maintained by a school for
4-30 purposes of paragraph (i) of subsection 2 must include the number
4-31 of teachers who are in attendance at school and the number of
4-32 teachers who are absent from school. A teacher shall be deemed in
4-33 attendance if the teacher is excused from being present in the
4-34 classroom by the school in which he is employed for one of
4-35 the following reasons:
4-36 (a) Acquisition of knowledge or skills relating to the
4-37 professional development of the teacher; or
4-38 (b) Assignment of the teacher to perform duties for cocurricular
4-39 or extracurricular activities of pupils.
4-40 4. The Superintendent of Public Instruction shall:
4-41 (a) Prescribe forms for the reports required pursuant to
4-42 subsection 2 and provide the forms to the respective school districts.
4-43 (b) Provide statistical information and technical assistance to the
4-44 school districts to ensure that the reports provide comparable
5-1 information with respect to each school in each district and among
5-2 the districts.
5-3 (c) Consult with a representative of the:
5-4 (1) Nevada State Education Association;
5-5 (2) Nevada Association of School Boards;
5-6 (3) Nevada Association of School Administrators;
5-7 (4) Nevada Parent Teachers Association;
5-8 (5) Budget Division of the Department of Administration;
5-9 and
5-10 (6) Legislative Counsel Bureau,
5-11 concerning the program and consider any advice or
5-12 recommendations submitted by the representatives with respect to
5-13 the program.
5-14 5. The Superintendent of Public Instruction may consult with
5-15 representatives of parent groups other than the Nevada Parent
5-16 Teachers Association concerning the program and consider any
5-17 advice or recommendations submitted by the representatives with
5-18 respect to the program.
5-19 6. On or before April 15 of each year, the board of trustees of
5-20 each school district shall submit to each advisory board to review
5-21 school attendance created in the county pursuant to NRS 392.126
5-22 the information required in paragraph (g) of subsection 2.
5-23 Sec. 2. NRS 385.389 is hereby amended to read as follows:
5-24 385.389 1. The Department shall adopt programs of remedial
5-25 study for each subject tested on the examinations administered
5-26 pursuant to NRS 389.015. In adopting these programs of remedial
5-27 study, the Department shall consider the recommendations
5-28 submitted by the Committee pursuant to NRS 218.5354 and
5-29 programs of remedial study that have proven to be successful in
5-30 improving the academic achievement of pupils.
5-31 2. A school that receives a designation as demonstrating need
5-32 for improvement pursuant to paragraph (a) of subsection 1 of NRS
5-33 385.367 shall adopt a program of remedial study that has been
5-34 adopted by the Department pursuant to subsection 1.
5-35 3. A school district that includes a school which receives a
5-36 designation of demonstrating need for improvement pursuant to
5-37 paragraph (a) of subsection 1 of NRS 385.367 shall ensure that each
5-38 of the pupils enrolled in the school who failed to demonstrate at
5-39 least adequate achievement on the examinations administered
5-40 pursuant to NRS 389.015 completes, in accordance with the
5-41 requirements set forth in subsection [5] 4 of NRS 389.015, remedial
5-42 study that is determined to be appropriate for the pupil.
5-43 Sec. 3. Chapter 389 of NRS is hereby amended by adding
5-44 thereto the provisions set forth as sections 4, 5 and 6 of this act.
5-45 Sec. 4. (Deleted by amendment.)
6-1 Sec. 5. 1. If a pupil with a disability is unable to take an
6-2 examination administered pursuant to NRS 389.015 or 389.550
6-3 under regular testing conditions, the pupil may take the
6-4 examination with modifications and accommodations that the
6-5 pupil’s individualized education program team determines, in
6-6 accordance with the Individuals with Disabilities Education Act,
6-7 20 U.S.C. §§ 1400 et seq. and the No Child Left Behind Act of
6-8 2001, 20 U.S.C. §§ 6301 et seq., are necessary to measure the
6-9 progress of the pupil. If a pupil is receiving special education
6-10 pursuant to NRS 388.440 to 388.520, inclusive, because he is blind
6-11 or otherwise has a visual impairment or a specific learning
6-12 disability in reading, the pupil’s individualized education program
6-13 team may determine that the examinations administered pursuant
6-14 to NRS 389.015 and 389.550 for the subject area of reading must
6-15 be read aloud to the pupil.
6-16 2. If a pupil’s individualized education program team
6-17 determines that the pupil cannot participate in all or a portion of
6-18 an examination that is administered pursuant to NRS 389.015 or
6-19 389.550 even with modifications and accommodations, the pupil’s
6-20 individualized education program must indicate the determination
6-21 made by the individualized education program team and set forth
6-22 the alternate assessment that the pupil will take, as prescribed by
6-23 the State Board.
6-24 3. The State Board shall adopt regulations prescribing, in
6-25 accordance with the Individuals with Disabilities Education Act,
6-26 20 U.S.C. §§ 1400 et seq., and the No Child Left Behind Act of
6-27 2001, 20 U.S.C. §§ 6301 et seq., the modifications and
6-28 accommodations that may be used in the administration of an
6-29 examination to a pupil with a disability who is unable to take the
6-30 examination under regular testing conditions. To the extent
6-31 authorized by the Individuals with Disabilities Education Act,
6-32 20 U.S.C. §§ 1400 et seq. and the No Child Left Behind Act of
6-33 2001, 20 U.S.C. §§ 6301 et seq., these regulations must include,
6-34 without limitation:
6-35 (a) Authorizing a pupil to complete an examination with
6-36 additional time;
6-37 (b) Authorizing a pupil to use a calculator during the
6-38 mathematics portion of the examination;
6-39 (c) If an examination is administered in a separate setting for
6-40 a pupil:
6-41 (1) Allowing the pupil freedom of movement during the
6-42 administration of the examination, including, without limitation,
6-43 the ability to stand; and
7-1 (2) Altering the environment of the classroom during the
7-2 administration of the examination, including, without limitation,
7-3 playing appropriate music; and
7-4 (d) Using appropriate assistive technology devices, as defined
7-5 in 20 U.S.C. § 1401(1).
7-6 4. As used in this section:
7-7 (a) “Individualized education program” has the meaning
7-8 ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
7-9 (b) “Individualized education program team” has the meaning
7-10 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
7-11 Sec. 6. 1. The board of trustees of each school district and
7-12 the governing body of each charter school shall ensure that each
7-13 pupil enrolled in the school district or charter school, as
7-14 applicable, whose primary language is not English participates in
7-15 the examinations administered pursuant to NRS 389.015 and
7-16 389.550. The State Board shall prescribe reasonable modifications
7-17 and accommodations that may be used in the administration of an
7-18 examination to a pupil whose primary language is not English and
7-19 who is unable to take an examination under regular testing
7-20 conditions. The board of trustees of a school district and the
7-21 governing body of a charter school shall administer to a pupil
7-22 whose primary language is not English:
7-23 (a) To the extent practicable, examinations in mathematics
7-24 and science required by NRS 389.015 and 389.550 in the language
7-25 most likely to yield accurate and reliable information on what the
7-26 pupil knows.
7-27 (b) To the extent practicable, examinations in reading required
7-28 by NRS 389.015 and 389.550 in the language most likely to yield
7-29 accurate and reliable information on what the pupil knows if the
7-30 pupil has attended public schools in the United States for less than
7-31 3 consecutive years.
7-32 (c) If the pupil has attended public schools in the United States
7-33 for 3 consecutive years but less than 5 consecutive years:
7-34 (1) Examinations in reading required by NRS 389.015 and
7-35 389.550 in the English language; or
7-36 (2) Examinations in reading required by NRS 389.015 and
7-37 389.550 in the language most likely to yield accurate and reliable
7-38 information on what the pupil knows if the board of trustees
7-39 determines that the pupil has not reached a level of English
7-40 proficiency sufficient to yield valid and reliable information on
7-41 what the pupil knows.
7-42 (d) If the pupil has attended public schools in the United States
7-43 for 5 consecutive years or more, examinations in reading required
7-44 by NRS 389.015 and 389.550 in the English language.
8-1 2. The State Board shall prescribe an assessment of
8-2 proficiency in the English language that measures oral language
8-3 skills, reading skills and writing skills for administration to pupils
8-4 whose primary language is not English. The board of trustees of
8-5 each school district and the governing body of each charter school
8-6 shall administer the assessment annually at the time prescribed by
8-7 the State Board. A pupil who takes the assessment prescribed
8-8 pursuant to this subsection is not exempt from the examinations
8-9 administered pursuant to NRS 389.015 and 389.550.
8-10 Sec. 7. NRS 389.015 is hereby amended to read as follows:
8-11 389.015 1. The board of trustees of each school district shall
8-12 administer examinations in all public schools of the school district.
8-13 The governing body of a charter school shall administer the same
8-14 examinations in the charter school. The examinations administered
8-15 by the board of trustees and governing body must determine the
8-16 achievement and proficiency of pupils in:
8-17 (a) Reading;
8-18 (b) Writing;
8-19 (c) Mathematics; and
8-20 (d) Science.
8-21 2. The examinations required by subsection 1 must be:
8-22 (a) Administered before the completion of grades 4, 8, 10
8-23 and 11.
8-24 (b) Administered in each school district and each charter school
8-25 at the same time. The time for the administration of the
8-26 examinations must be prescribed by the State Board.
8-27 (c) Administered in each school in accordance with uniform
8-28 procedures adopted by the State Board. The Department shall
8-29 monitor the compliance of school districts and individual schools
8-30 with the uniform procedures.
8-31 (d) Administered in each school in accordance with the plan
8-32 adopted pursuant to NRS 389.616 by the Department and with the
8-33 plan adopted pursuant to NRS 389.620 by the board of trustees of
8-34 the school district in which the examinations are administered. The
8-35 Department shall monitor the compliance of school districts and
8-36 individual schools with:
8-37 (1) The plan adopted by the Department; and
8-38 (2) The plan adopted by the board of trustees of the
8-39 applicable school district, to the extent that the plan adopted by the
8-40 board of trustees of the school district is consistent with the plan
8-41 adopted by the Department.
8-42 (e) Scored by the Department or a single private entity that has
8-43 contracted with the State Board to score the examinations. If a
8-44 private entity scores the examinations, it shall report the results of
9-1 the examinations in the form and by the date required by the
9-2 Department.
9-3 3. Not more than 14 working days after the results of the
9-4 examinations are reported to the Department by a private entity that
9-5 scored the examinations or the Department completes the scoring of
9-6 the examinations, the Superintendent of Public Instruction shall
9-7 certify that the results of the examinations have been transmitted to
9-8 each school district and each charter school. Not more than 10
9-9 working days after a school district receives the results of the
9-10 examinations, the superintendent of schools of each school district
9-11 shall certify that the results of the examinations have been
9-12 transmitted to each school within the school district. Except as
9-13 otherwise provided in this subsection, not more than 15 working
9-14 days after each school receives the results of the examinations, the
9-15 principal of each school and the governing body of each charter
9-16 school shall certify that the results for each pupil have been
9-17 provided to the parent or legal guardian of the pupil:
9-18 (a) During a conference between the teacher of the pupil or
9-19 administrator of the school and the parent or legal guardian of the
9-20 pupil; or
9-21 (b) By mailing the results of the examinations to the last known
9-22 address of the parent or legal guardian of the pupil.
9-23 If a pupil fails the high school proficiency examination, the school
9-24 shall notify the pupil and the parents or legal guardian of the pupil
9-25 as soon as practicable but not later than 15 working days after the
9-26 school receives the results of the examination.
9-27 4. [Different standards of proficiency may be adopted for
9-28 pupils with diagnosed learning disabilities. If a pupil with a
9-29 disability is unable to take an examination created by a private entity
9-30 under regular testing conditions or with modifications and
9-31 accommodations that are approved by the private entity, the pupil
9-32 may take the examination with modifications and accommodations
9-33 that are approved by the State Board pursuant to subsection 8. If a
9-34 pupil with a disability is unable to take an examination created by
9-35 the Department under regular testing conditions or with
9-36 modifications and accommodations that are approved by the
9-37 Department, the pupil may take the examination with modifications
9-38 and accommodations that are approved by the State Board pursuant
9-39 to subsection 8. The results of an examination that is taken under
9-40 conditions that are not approved by a private entity or the
9-41 Department, as applicable, must not be reported pursuant to
9-42 subsection 2 of NRS 389.017. If different standards of proficiency
9-43 are adopted or other modifications or accommodations are made in
9-44 the administration of the examinations for a pupil who is enrolled in
9-45 a program of special education pursuant to NRS 388.440 to
10-1 388.520, inclusive, other than a gifted and talented pupil, the
10-2 different standards adopted or other modifications or
10-3 accommodations must be set forth in the pupil’s program of special
10-4 education developed in accordance with the Individuals with
10-5 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the
10-6 standards prescribed by the State Board. During the administration
10-7 of the high school proficiency examination, a pupil with a disability
10-8 may be given additional time to complete the examination if the
10-9 additional time is a modification or accommodation that is approved
10-10 in the pupil’s program of special education developed in accordance
10-11 with the Individuals with Disabilities Education Act, 20 U.S.C. §§
10-12 1400 et seq.
10-13 5.] If a pupil fails to demonstrate at least adequate achievement
10-14 on the examination administered before the completion of grade 4, 8
10-15 or 10, he may be promoted to the next higher grade, but the results
10-16 of his examination must be evaluated to determine what remedial
10-17 study is appropriate. If such a pupil is enrolled at a school that has
10-18 been designated as demonstrating need for improvement pursuant to
10-19 subsection 1 of NRS 385.367, the pupil must, in accordance with the
10-20 requirements set forth in this subsection, complete remedial study
10-21 that is determined to be appropriate for the pupil.
10-22 [6.] 5. If a pupil fails to pass the high school proficiency
10-23 examination , [administered before the completion of grade 11,] he
10-24 must not be graduated until he is able, through remedial study, to
10-25 pass the proficiency examination, but he may be given a certificate
10-26 of attendance, in place of a diploma, if he has reached the age of 17
10-27 years. If a pupil fails the high school proficiency examination on
10-28 the first administration and the pupil desires to receive a standard
10-29 high school diploma, he may retake the portion or portions of the
10-30 reading examination or the portion or portions of the mathematics
10-31 examination, or both, which the pupil failed. The State Board
10-32 shall prescribe by regulation the maximum number of times that a
10-33 pupil may retake the examination, or a portion of the examination,
10-34 pursuant to this subsection.
10-35 6. The State Board shall prescribe standard examinations of
10-36 achievement and proficiency to be administered pursuant to
10-37 subsection 1. The high school proficiency examination must be
10-38 developed, printed and scored by a nationally recognized testing
10-39 company in accordance with the process established by the testing
10-40 company. The examinations on reading, mathematics and science
10-41 prescribed for grades 4, 8 and 10 must be selected from
10-42 examinations created by private entities and administered to a
10-43 national reference group, and must allow for a comparison of the
10-44 achievement and proficiency of pupils in grades 4, 8 and 10 in this
10-45 state to that of a national reference group of pupils in grades 4, 8 and
11-1 10. The questions contained in the examinations and the approved
11-2 answers used for grading them are confidential, and disclosure is
11-3 unlawful except:
11-4 (a) To the extent necessary for administering and evaluating the
11-5 examinations.
11-6 (b) That a disclosure may be made to a:
11-7 (1) State officer who is a member of the Executive or
11-8 Legislative Branch to the extent that it is necessary for the
11-9 performance of his duties;
11-10 (2) Superintendent of schools of a school district to the
11-11 extent that it is necessary for the performance of his duties;
11-12 (3) Director of curriculum of a school district to the extent
11-13 that it is necessary for the performance of his duties; and
11-14 (4) Director of testing of a school district to the extent that it
11-15 is necessary for the performance of his duties.
11-16 (c) That specific questions and answers may be disclosed if the
11-17 Superintendent of Public Instruction determines that the content of
11-18 the questions and answers is not being used in a current examination
11-19 and making the content available to the public poses no threat to the
11-20 security of the current examination process.
11-21 [8. The State Board shall prescribe, in accordance with the
11-22 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
11-23 seq., the modifications and accommodations that may be used in the
11-24 administration of an examination to a pupil with a disability who is
11-25 unable to take the examination under regular testing conditions or
11-26 with modifications and accommodations that are approved by the
11-27 private entity that created the examination or, if the Department
11-28 created the examination, by the Department. These regulations may
11-29 include, without limitation, authorizing a pupil to complete an
11-30 examination with additional time.]
11-31 Sec. 8. NRS 389.017 is hereby amended to read as follows:
11-32 389.017 1. The State Board shall adopt regulations requiring
11-33 that each board of trustees of a school district and each governing
11-34 body of a charter school submit to the Superintendent of Public
11-35 Instruction and the Department, in the form and manner prescribed
11-36 by the Superintendent, the results of achievement and proficiency
11-37 examinations given in the 4th, 8th, 10th and 11th grades to public
11-38 school pupils of the district and charter schools. The State Board
11-39 shall not include in the regulations any provision which would
11-40 violate the confidentiality of the test scores of any individual pupil.
11-41 2. The results of examinations must be reported for each
11-42 school, including, without limitation, each charter school, school
11-43 district and this state, as follows:
11-44 (a) The average score, as defined by the Department, of pupils
11-45 who took the examinations under regular testing conditions; and
12-1 (b) The average score, as defined by the Department, of pupils
12-2 who took the examinations with modifications or accommodations ,
12-3 [approved by the private entity that created the examination or, if
12-4 the Department created the examination, the Department,] if such
12-5 reporting does not violate the confidentiality of the test scores of any
12-6 individual pupil.
12-7 3. The Department shall adopt regulations prescribing the
12-8 requirements for reporting the scores of pupils who:
12-9 (a) [Took the examinations under conditions that were not
12-10 approved by the private entity that created the examination or, if the
12-11 Department created the examination, by the Department;
12-12 (b)] Are enrolled in special schools for children with disabilities;
12-13 [(c)] (b) Are enrolled in an alternative program for the
12-14 education of pupils at risk of dropping out of high school, including,
12-15 without limitation, a program of distance education that is provided
12-16 to pupils who are at risk of dropping out of high school pursuant to
12-17 NRS 388.820 to 388.874, inclusive; or
12-18 [(d)] (c) Are detained in a:
12-19 (1) Youth training center;
12-20 (2) Youth center;
12-21 (3) Juvenile forestry camp;
12-22 (4) Detention home;
12-23 (5) Youth camp;
12-24 (6) Juvenile correctional institution; or
12-25 (7) Correctional institution.
12-26 [The scores reported pursuant to this subsection must not be
12-27 included in the average scores reported pursuant to subsection 2.]
12-28 4. Not later than 10 days after the Department receives the
12-29 results of the achievement and proficiency examinations, the
12-30 Department shall transmit a copy of the results of the examinations
12-31 administered pursuant to NRS 389.015 to the Legislative Bureau of
12-32 Educational Accountability and Program Evaluation in a manner
12-33 that does not violate the confidentiality of the test scores of any
12-34 individual pupil.
12-35 5. On or before November 15 of each year, each school district
12-36 and each charter school shall report to the Department the following
12-37 information for each examination administered in the public schools
12-38 in the school district or charter school:
12-39 (a) The examination administered;
12-40 (b) The grade level or levels of pupils to whom the examination
12-41 was administered;
12-42 (c) The costs incurred by the school district or charter school in
12-43 administering each examination; and
12-44 (d) The purpose, if any, for which the results of the examination
12-45 are used by the school district or charter school.
13-1 On or before December 15 of each year, the Department shall
13-2 transmit to the Budget Division of the Department of
13-3 Administration and the Fiscal Analysis Division of the Legislative
13-4 Counsel Bureau the information submitted to the Department
13-5 pursuant to this subsection.
13-6 6. The superintendent of schools of each school district and the
13-7 governing body of each charter school shall certify that the number
13-8 of pupils who took the examinations required pursuant to NRS
13-9 389.015 is equal to the number of pupils who are enrolled in each
13-10 school in the school district or in the charter school who are required
13-11 to take the examinations . [except for those pupils who are exempt
13-12 from taking the examinations. A pupil may be exempt from taking
13-13 the examinations if:
13-14 (a) His primary language is not English and his proficiency in
13-15 the English language is below the level that the State Board
13-16 determines is proficient, as measured by an assessment of
13-17 proficiency in the English language prescribed by the State Board
13-18 pursuant to subsection 8; or
13-19 (b) He is enrolled in a program of special education pursuant to
13-20 NRS 388.440 to 388.520, inclusive, and his program of special
13-21 education specifies that he is exempt from taking the examinations.]
13-22 7. In addition to the information required by subsection 5, the
13-23 Superintendent of Public Instruction shall:
13-24 (a) Report the number of pupils who were [not exempt from
13-25 taking the examinations but were] absent from school on the day
13-26 that the examinations were administered; and
13-27 (b) Reconcile the number of pupils who were required to take
13-28 the examinations with the number of pupils who were [exempt from
13-29 taking the examinations or] absent from school on the day that the
13-30 examinations were administered.
13-31 [8. The State Board shall prescribe an assessment of
13-32 proficiency in the English language for pupils whose primary
13-33 language is not English to determine which pupils are exempt from
13-34 the examinations pursuant to paragraph (a) of subsection 6.]
13-35 Sec. 9. NRS 389.0173 is hereby amended to read as follows:
13-36 389.0173 1. The Department shall develop an informational
13-37 pamphlet concerning the high school proficiency examination for
13-38 pupils who are enrolled in junior high, middle school and high
13-39 school, and their parents and legal guardians. The pamphlet must
13-40 include a written explanation of the:
13-41 (a) Importance of passing the examination, including, without
13-42 limitation, an explanation that if the pupil fails the examination he is
13-43 not eligible to receive a standard high school diploma;
13-44 (b) Subject areas tested on the examination;
14-1 (c) Format for the examination, including, without limitation,
14-2 the range of items that are contained on the examination;
14-3 (d) Manner by which the scaled score, as reported to pupils and
14-4 their parents or legal guardians, is derived from the raw score;
14-5 (e) Timeline by which the results of the examination must be
14-6 reported to pupils and their parents or legal guardians;
14-7 (f) Maximum number of times that a pupil is allowed to take the
14-8 examination , or a portion of the examination, if he fails to pass the
14-9 examination , or a portion of the examination, after the first
14-10 administration [;] to receive a standard high school diploma; and
14-11 (g) Courses of study that the Department recommends that
14-12 pupils take to prepare the pupils to successfully meet the academic
14-13 challenges of the examination and pass the examination.
14-14 2. The Department shall review the pamphlet on an annual
14-15 basis and make such revisions to the pamphlet as it considers
14-16 necessary to ensure that pupils and their parents or legal guardians
14-17 fully understand the examination.
14-18 3. On or before September 1, the Department shall provide a
14-19 copy of the pamphlet or revised pamphlet to the board of trustees of
14-20 each school district and the governing body of each charter school
14-21 that includes pupils enrolled in a junior high, middle school or high
14-22 school grade level.
14-23 4. The board of trustees of each school district shall provide a
14-24 copy of the pamphlet to each junior high, middle school or high
14-25 school within the school district for posting. The governing body of
14-26 each charter school shall ensure that a copy of the pamphlet is
14-27 posted at the charter school. Each principal of a junior high, middle
14-28 school, high school or charter school shall ensure that the teachers,
14-29 counselors and administrators employed at the school fully
14-30 understand the contents of the pamphlet.
14-31 5. On or before January 15, the:
14-32 (a) Board of trustees of each school district shall provide a copy
14-33 of the pamphlet to each pupil who is enrolled in a junior high,
14-34 middle school or high school of the school district and to the parents
14-35 or legal guardians of such a pupil.
14-36 (b) Governing body of each charter school shall provide a copy
14-37 of the pamphlet to each pupil who is enrolled in the charter school at
14-38 a junior high, middle school or high school grade level and to the
14-39 parents or legal guardians of such a pupil.
14-40 Sec. 10. NRS 389.560 is hereby amended to read as follows:
14-41 389.560 1. The State Board shall adopt regulations that
14-42 require the board of trustees of each school district and
14-43 the governing body of each charter school to submit to the
14-44 Superintendent of Public Instruction, the Department and the
14-45 Council, in the form and manner prescribed by the Superintendent,
15-1 the results of the examinations administered pursuant to NRS
15-2 389.550. The State Board shall not include in the regulations any
15-3 provision that would violate the confidentiality of the test scores of
15-4 an individual pupil.
15-5 2. The results of the examinations must be reported for each
15-6 school, including, without limitation, each charter school, school
15-7 district and this state, as follows:
15-8 (a) The percentage of pupils who have demonstrated
15-9 proficiency, as defined by the Department, and took the
15-10 examinations under regular testing conditions; and
15-11 (b) The percentage of pupils who have demonstrated
15-12 proficiency, as defined by the Department, and took the
15-13 examinations with modifications or accommodations , [approved by
15-14 the private entity that created the examination or, if the Department
15-15 created the examination, the Department,] if such reporting does not
15-16 violate the confidentiality of the test scores of any individual pupil.
15-17 3. The Department shall adopt regulations prescribing the
15-18 requirements for reporting the results of pupils who:
15-19 (a) [Took the examinations under conditions that were not
15-20 approved by the private entity that created the examination or, if the
15-21 Department created the examination, by the Department;
15-22 (b)] Are enrolled in special schools for children with disabilities;
15-23 [(c)] (b) Are enrolled in an alternative program for the
15-24 education of pupils at risk of dropping out of high school, including,
15-25 without limitation, a program of distance education that is provided
15-26 to pupils who are at risk of dropping out of high school pursuant to
15-27 NRS 388.820 to 388.874, inclusive; or
15-28 [(d)] (c) Are detained in a:
15-29 (1) Youth training center;
15-30 (2) Youth center;
15-31 (3) Juvenile forestry camp;
15-32 (4) Detention home;
15-33 (5) Youth camp;
15-34 (6) Juvenile correctional institution; or
15-35 (7) Correctional institution.
15-36 [The results reported pursuant to this subsection must not
15-37 be included in the percentage of pupils reported pursuant to
15-38 subsection 2.]
15-39 4. Not later than 10 days after the Department receives the
15-40 results of the examinations, the Department shall transmit a copy of
15-41 the results to the Legislative Bureau of Educational Accountability
15-42 and Program Evaluation in a manner that does not violate the
15-43 confidentiality of the test scores of any individual pupil.
15-44 5. On or before November 15 of each year, each school district
15-45 and each charter school shall report to the Department the following
16-1 information for each examination administered in the public schools
16-2 in the school district or charter school:
16-3 (a) The examination administered;
16-4 (b) The grade level or levels of pupils to whom the examination
16-5 was administered;
16-6 (c) The costs incurred by the school district or charter school in
16-7 administering each examination; and
16-8 (d) The purpose, if any, for which the results of the examination
16-9 are used by the school district or charter school.
16-10 On or before December 15 of each year, the Department shall
16-11 transmit to the Budget Division of the Department of
16-12 Administration and the Fiscal Analysis Division of the Legislative
16-13 Counsel Bureau the information submitted to the Department
16-14 pursuant to this subsection.
16-15 6. The superintendent of schools of each school district and the
16-16 governing body of each charter school shall certify that the number
16-17 of pupils who took the examinations is equal to the number of pupils
16-18 who are enrolled in each school in the school district or in the
16-19 charter school who are required to take the examinations . [, except
16-20 for those pupils who are exempt from taking the examinations. A
16-21 pupil may be exempt from taking the examinations if:
16-22 (a) His primary language is not English and his proficiency in
16-23 the English language is below the level that the State Board
16-24 determines is proficient, as measured by an assessment of
16-25 proficiency in the English language prescribed by the State Board
16-26 pursuant to subsection 8; or
16-27 (b) He is enrolled in a program of special education pursuant to
16-28 NRS 388.440 to 388.520, inclusive, and his program of special
16-29 education specifies that he is exempt from taking the examinations.]
16-30 7. In addition to the information required by subsection 5, the
16-31 Superintendent of Public Instruction shall:
16-32 (a) Report the number of pupils who were not exempt from
16-33 taking the examinations but were absent from school on the day that
16-34 the examinations were administered; and
16-35 (b) Reconcile the number of pupils who were required to take
16-36 the examinations with the number of pupils who were [exempt from
16-37 taking the examinations or] absent from school on the day that the
16-38 examinations were administered.
16-39 [8. The State Board shall prescribe an assessment of
16-40 proficiency in the English language for pupils whose primary
16-41 language is not English to determine which pupils are exempt from
16-42 the examinations pursuant to paragraph (a) of subsection 6.]
17-1 Sec. 11. NRS 396.930 is hereby amended to read as follows:
17-2 396.930 1. Except as otherwise provided in subsections 2 and
17-3 3, a student may apply to the Board of Regents for a millennium
17-4 scholarship if he:
17-5 (a) Has been a resident of this state for at least 2 years before he
17-6 applies for the scholarship;
17-7 (b) Except as otherwise provided in paragraph (c), graduated
17-8 from a public or private high school in this state:
17-9 (1) After May 1, 2000 [; and
17-10 (2) Not] , but not later than May 1, 2003; or
17-11 (2) After May 1, 2003, and, except as otherwise provided in
17-12 paragraph (c) of subsection 2, not more than [8] 6 years before he
17-13 applies for the scholarship;
17-14 (c) Does not satisfy the requirements of paragraph (b) and:
17-15 (1) Was enrolled as a pupil in a public or private high school
17-16 in this state with a class of pupils who were regularly scheduled to
17-17 graduate after May 1, 2000;
17-18 (2) Received his high school diploma within [5] 4 years after
17-19 he was regularly scheduled to graduate; and
17-20 (3) Applies for the scholarship not more than [8] 6 years after
17-21 he was regularly scheduled to graduate from high school;
17-22 (d) Maintained [at least a 3.0 grade-point average on a 4.0
17-23 grading scale] in high school in the [core curriculum, as determined]
17-24 courses designated by the Board of Regents pursuant to paragraph
17-25 (b) of subsection 2 [;] , at least:
17-26 (1) A 3.0 grade-point average on a 4.0 grading scale, if he
17-27 was a member of the graduating class of 2003 or 2004;
17-28 (2) A 3.1 grade-point average on a 4.0 grading scale, if he
17-29 was a member of the graduating class of 2005 or 2006; or
17-30 (3) A 3.25 grade-point average on a 4.0 grading scale, if he
17-31 was a member of the graduating class of 2007 or a later
17-32 graduating class; and
17-33 (e) Is enrolled in at least:
17-34 (1) Six semester credit hours in a community college within
17-35 the System; or
17-36 (2) Twelve semester credit hours in another eligible
17-37 institution.
17-38 2. The Board of Regents [shall:
17-39 (a) Define] :
17-40 (a) Shall define the core curriculum that a student must
17-41 complete in high school to be eligible for a millennium scholarship.
17-42 (b) [Develop a plan to ensure that needy students and students
17-43 from families that otherwise could not afford to send their children
17-44 to college receive millennium scholarships.] Shall designate the
18-1 courses in which a student must earn the minimum grade-point
18-2 averages set forth in paragraph (d) of subsection 1.
18-3 (c) May establish criteria with respect to students who have
18-4 been on active duty serving in the Armed Forces of the United
18-5 States to exempt such students from the 6-year limitation on
18-6 applications that is set forth in subparagraph (2) of paragraph (b)
18-7 of subsection 1.
18-8 3. Except as otherwise provided in paragraph (c) of subsection
18-9 1, for students who did not graduate from a public or private high
18-10 school in this state and who have been residents of this state for at
18-11 least 2 years, the Board of Regents shall establish:
18-12 (a) The minimum score on a standardized test that such students
18-13 must receive; or
18-14 (b) Other criteria that students must meet,
18-15 to be eligible for millennium scholarships.
18-16 4. In awarding scholarships, the Board of Regents shall
18-17 enhance its outreach to students who:
18-18 (a) Are pursuing a career in education or health care;
18-19 (b) Come from families who lack sufficient financial resources
18-20 to pay for the costs of sending their children to an eligible
18-21 institution; or
18-22 (c) Substantially participated in an antismoking, antidrug or
18-23 antialcohol program during high school.
18-24 Sec. 12. NRS 396.934 is hereby amended to read as follows:
18-25 396.934 1. Within the limits of money available in the Trust
18-26 Fund, a student who is eligible for a millennium scholarship is
18-27 entitled to receive:
18-28 (a) If he is enrolled in a community college within the System,
18-29 $40 per credit for each lower division course and $60 per credit for
18-30 each upper division course in which the student is enrolled, or the
18-31 amount of money that is necessary for the student to pay the costs of
18-32 attending the community college that are not otherwise satisfied by
18-33 other grants or scholarships, whichever is less. The Board of
18-34 Regents shall provide for the designation of upper and lower
18-35 division courses for the purposes of this paragraph.
18-36 (b) If he is enrolled in a state college within the System, $60 per
18-37 credit for which the student is enrolled, or the amount of money that
18-38 is necessary for the student to pay the costs of attending the state
18-39 college that are not otherwise satisfied by other grants or
18-40 scholarships, whichever is less.
18-41 (c) If he is enrolled in another eligible institution, $80 per credit
18-42 for which the student is enrolled, or the amount of money that is
18-43 necessary for the student to pay the costs of attending the university
18-44 that are not otherwise satisfied by other grants or scholarships,
18-45 whichever is less.
19-1 No student may be awarded a scholarship for a total amount in
19-2 excess of $10,000.
19-3 2. A student who receives a millennium scholarship shall:
19-4 (a) Make satisfactory academic progress toward a recognized
19-5 degree or certificate, as determined by the Board of Regents
19-6 pursuant to subsection 5; and
19-7 (b) [Maintain] If the student graduated from high school after
19-8 May 1, 2003, maintain at least a [2.0] 2.6 grade-point average on a
19-9 4.0 grading scale.
19-10 3. A millennium scholarship must be used only:
19-11 (a) For the payment of registration fees and laboratory fees and
19-12 expenses;
19-13 (b) To purchase required textbooks and course materials; and
19-14 (c) For other costs related to the attendance of the student at the
19-15 eligible institution.
19-16 4. The Board of Regents shall certify a list of eligible students
19-17 to the State Treasurer. The State Treasurer shall disburse a
19-18 millennium scholarship for each semester on behalf of an eligible
19-19 student directly to the eligible institution in which the student is
19-20 enrolled, upon certification from the eligible institution of the
19-21 number of credits for which the student is enrolled, which must
19-22 meet or exceed the minimum number of credits required for
19-23 eligibility and certification that the student is in good standing and
19-24 making satisfactory academic progress toward a recognized degree
19-25 or certificate, as determined by the Board of Regents pursuant to
19-26 subsection 5. The scholarship must be administered by the eligible
19-27 institution as other similar scholarships are administered and may be
19-28 used only for the expenditures authorized pursuant to subsection 3.
19-29 5. The Board of Regents shall establish criteria for determining
19-30 whether a student is making satisfactory academic progress toward a
19-31 recognized degree or certificate for purposes of subsection 4.
19-32 Sec. 13. Notwithstanding the provisions of NRS 389.015 to
19-33 the contrary, if a pupil who is a senior in high school during the
19-34 2002-2003 school year failed the mathematics portion of the high
19-35 school proficiency examination but received a passing score on all
19-36 other portions of the examination, the pupil must be allowed to
19-37 participate in the graduation ceremony of his high school in 2003
19-38 and must receive a standard high school diploma if he has otherwise
19-39 satisfied the requirements for graduation from high school.
19-40 Sec. 14. Notwithstanding the provisions of NRS 389.015 to
19-41 the contrary, the mathematics portion of the high school proficiency
19-42 examination must not be required as a condition to the receipt of a
19-43 standard high school diploma for the 2003-2004 school year and the
19-44 2004-2005 school year.
20-1 Sec. 15. 1. The Department of Education shall conduct a
20-2 study of the mathematics portion of the high school proficiency
20-3 examination. The study must include, without limitation:
20-4 (a) An assessment of the alignment of the questions on the
20-5 mathematics portion of the high school proficiency examination
20-6 with the academic content standards for mathematics in grades 10,
20-7 11 and 12;
20-8 (b) A review of the courses of study in mathematics that middle
20-9 schools, junior high schools and high schools are required to offer
20-10 and that pupils enrolled in those schools are required to take,
20-11 including, without limitation, an assessment of whether:
20-12 (1) Those courses of study adequately prepare a pupil for the
20-13 mathematics portion of the high school proficiency examination;
20-14 and
20-15 (2) There is sufficient time during the school year for
20-16 teachers to provide instruction in those courses of study in a manner
20-17 that will ensure pupils are prepared for the mathematics portion of
20-18 the high school proficiency examination;
20-19 (c) An audit of the questions on the mathematics portion of the
20-20 high school proficiency examination, including, without limitation,
20-21 a determination of whether there are certain questions on that
20-22 portion of the examination that pupils repeatedly fail to pass;
20-23 (d) A determination of whether the mathematics portion of the
20-24 high school proficiency examination assists with accurately
20-25 predicting the academic performance of a pupil as he matriculates
20-26 through a postsecondary educational institution;
20-27 (e) A determination of the basic proficiencies that every pupil
20-28 needs to graduate, including, without limitation, the basic
20-29 proficiencies in mathematics such as addition, subtraction, division,
20-30 multiplication, fractions and decimals; and
20-31 (f) A determination of the courses of study in mathematics that
20-32 are not courses of study necessary for graduation from high school
20-33 and a determination of whether the subject area of those courses of
20-34 study are included within the mathematics portion of the high school
20-35 proficiency examination.
20-36 The Department may contract with a consultant to assist the
20-37 Department with conducting the study required by this subsection to
20-38 the extent that money is available for such a purpose.
20-39 2. On or before February 1, 2005, the Department of Education
20-40 shall submit to the Director of the Legislative Counsel Bureau for
20-41 transmission to the 73rd Session of the Nevada Legislature a written
20-42 report of the study conducted pursuant to subsection 1.
21-1 Sec. 16. 1. This section and sections 11, 12 and 13 of this act
21-2 become effective upon passage and approval.
21-3 2. Sections 1 to 10, inclusive, 14 and 15 of this act become
21-4 effective on July 1, 2003.
21-5 H